Southwest Missouri State Student Resolution
GB Fall 2003-04:Response to Patriot Act
Authored by Ruben Alonzo, Sponsored by Political Activities Committee
WHEREAS Southwest Missouri State University is proud of its long and distinguished tradition of protecting the civil rights and liberties of its students, faculty, and staff; along with its mission of Public Affairs; and
WHEREAS Southwest Missouri State University has a diverse population, including immigrants and students studying from abroad, whose contributions to the University are vital to its success, culture and civic character; and
WHEREAS the preservation of civil rights and liberties is essential to the well-being of a democratic society; and
WHEREAS federal, state and local governments, along with Universities across the nation should protect the public from terrorist attacks such as those that occurred on September 11, 2001, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing on civil liberties; and
WHEREAS government security measures that undermine fundamental rights do damage to the American institutions and values that the students of Southwest Missouri State University hold dear; and
WHEREAS the Student Government Association of Southwest Missouri State University believe that there is no inherent conflict between national security and the preservation of liberty -- Americans can be both safe and free; and
WHEREAS federal policies adopted since September 11, 2001, regulations and actions threaten fundamental rights and liberties; and
WHEREAS new legislation has been drafted by the Administration which contains a multitude of new and sweeping law enforcement and intelligence gathering powers, many of which are not related to terrorism, that would severely dilute, if not undermine, many basic constitutional rights, as well as disturb our unique system of checks and balances; and
WHEREAS these new powers pose a particular threat to the civil rights and liberties of the students, faculty, and staff of Southwest Missouri State University who are Arab, Muslim or of South Asian descent; and
WHEREAS many other communities, states and universities throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and demanding accountability from law enforcement agencies regarding their use of these new powers; and
WHEREAS the Student Government Association is the singular voice of the student body;
THEREFORE BE IT RESOLVED THAT THE STUDENT GOVERNMENT ASSOCIATION OF SOUTHWEST MISSOURI STATE UNIVERSITY:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties.
2. AFFIRMS its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or enforcement activity based on their country of origin.
3. ENCOURAGES the Southwest Missouri State University Department of Safety and Transportation to:
a. Refrain from participating in the enforcement of federal immigration laws;
b. seek adequate written assurances from federal authorities that students, faculty, and staff members of Southwest Missouri State University will not be subjected to military detention; secret detention; secret immigration proceedings; or detention without access to counsel, and refrain from assisting federal authorities obtain custody of such individuals absent such assurances;
c. refrain from engaging in the surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment, such as political advocacy or the practice of a religion, without particularized suspicion of criminal activity unrelated to the activity protected by the First Amendment, and assisting city, county, and state authorities from participating in such acts;
d. Refrain from racial profiling. The Department of Safety and Transportation shall not utilize race, religion, ethnicity, or national origin as a factor in selecting which individuals to subject to investigatory activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity or national origin is part of the description of the suspect, or assist city, county, or state authorities from such activities;
e. Refrain, whether acting alone or with federal or state law enforcement officers, from collecting or maintaining information about the political, religious or social views, associations or activities of any individual, group, association, organization, or partnership unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;
f. Refrain from undertaking or participating in any initiative, such as the Terrorism Information and Prevention System (TIPS), that encourages members of the general public to spy on their neighbors, colleagues or customers;
4. ENCOURAGES the Department of Records and Registration to provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act;
5. ENCOURAGES the Libraries of Southwest Missouri State University to post in a prominent place within the library a notice to library users as follows: “WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about this policy should be directed to: Attorney General John Ashcroft, Department of Justice, Washington, DC 20530”;
6. DIRECTS the Chair or an appointed member of the Student Senate to:
a. Transmit a copy of this resolution to Senators Christopher Bond and James Talent, and Representative Roy Blunt accompanied by a letter urging them to support Congressional efforts to assess the impacts of the PATRIOT Act, monitor federal anti-terrorism tactics and work to repeal provisions of the USA PATRIOT ACT and other laws and regulations that infringe on civil rights and liberties, and take a lead in Congressional action to prohibit passage of the Domestic Security Enhancement Act, known as "Patriot II"
b. Transmit a copy of this resolution to Governor Bob Holden, and appropriate members of the State Legislature, accompanied by a letter urging them to ensure that state anti-terrorism laws and policies be implemented in a manner that does not infringe on civil liberties as described in this resolution;
c. Transmit a copy of this resolution to United States President George W. Bush and United States Attorney General John Ashcroft;
d. Transmit a copy of this resolution to President John Keiser and the Board of Governors of Southwest Missouri State University, accompanied by a letter urging them to pass the operative clauses outlined in the resolution, as official university policy;
e. Transmit a copy of this resolution to the Department of Safety and Transportation, the Department of Records and Registration, and the Southwest Missouri State University Libraries, highlighting, respectively, the clauses pertaining to these University Departments; and
7. NOTIFIES the students, faculty, and staff of Southwest Missouri
State University that the Student Government Association respects
their civil rights and civil liberties, and will do everything within
its power to protect those rights and liberties.